Evading Justice: The Search for New Identities
When suspects face criminal charges, they might attempt to escape justice by leaving the country with a new identity.
Extradition Agreements and Their Impact
Even with a new identity, entering a country with a U.S. extradition agreement can lead to being handed over to U.S. authorities. Some countries don’t have extradition treaties with the U.S., while others limit who can be extradited. For instance, some countries require assurances that the defendant won’t face the death penalty before agreeing to extradition.
Seeking Fair Trials Abroad
Suspects often flee, fearing an unfair trial, seeking humanitarian relief in countries without extradition treaties. The U.S. remains one of the few developed nations using the death penalty. Given the severe penalties, suspects should consult experienced legal counsel before any potential return to the U.S.
Extradited to the U.S. with a New Identity
Fleeing with a new identity doesn’t guarantee freedom from U.S. authorities. International cooperation and advanced technology make it challenging to hide indefinitely. Here’s how the process can unfold:
Identification and Tracking
Law enforcement agencies worldwide share data to track suspects. Facial recognition, biometric data, and other identification methods help detect new identities. For example, Interpol’s databases store biometric information and are accessible to member countries, making it difficult for suspects to remain undetected.
Case Study: Viktor Bout
Viktor Bout, known as the “Merchant of Death,” used multiple identities to evade capture while running a global arms trafficking network. Despite his efforts, international collaboration led to his arrest in Thailand in 2008. Bout faced extradition to the U.S. for terrorism charges. His case highlights how sophisticated tracking and international cooperation can overcome attempts to evade justice with new identities.
Case Study: Joaquin “El Chapo” Guzman
Joaquin “El Chapo” Guzman, the infamous Mexican drug lord, used multiple identities to evade capture for years. Despite his efforts, Mexican and U.S. authorities worked together, leading to his capture in 2016. Guzman’s extradition to the U.S. involved intense legal battles and diplomatic negotiations, underscoring the complexities of extraditing suspects with new identities.
Case Study: Roman Polanski
Film director Roman Polanski fled the U.S. in 1978 to avoid sentencing for charges of sexual assault. Despite obtaining French citizenship and living under a different name, Polanski faced numerous extradition attempts. 2009, Swiss authorities arrested him based on a U.S. warrant, highlighting the ongoing legal challenges and the importance of international cooperation in extradition cases.
Case Study: Julian Assange
Julian Assange, the founder of WikiLeaks, sought asylum in the Ecuadorian embassy in London to avoid extradition to Sweden on sexual assault charges. Assange feared subsequent extradition to the U.S. for publishing classified documents. Despite living under asylum for years, Assange was eventually arrested in 2019 when Ecuador withdrew his asylum status. His case emphasizes the difficulties of evading extradition, even with political asylum and new identities.
Legal Proceedings
Once identified, the legal process begins. The U.S. must present evidence to the host country, proving the suspect’s true identity and justifying extradition. This often involves:
- Collecting Evidence: Gathering proof of the suspect’s identity, including fingerprints, DNA, and records.
- Legal Documentation: Prepare formal extradition requests supported by comprehensive legal documents.
- Diplomatic Negotiations: Engaging in diplomatic discussions to address legal and political considerations.
Judicial Review
The host country’s judicial system reviews the extradition request. Judges examine the evidence, ensuring it meets the legal standards for extradition. Factors considered include:
- Validity of New Identity: Assessing the legitimacy of the new identity and its link to the suspect.
- Legal Compliance: Ensuring the extradition request complies with international and local laws.
- Human Rights Considerations: Evaluating potential human rights violations, such as the risk of facing the death penalty or unfair trial.
Extradition and Handover
If approved, the host country extradites the suspect to the U.S. This involves:
- Coordinated Transport: Organizing secure transport, often involving multiple law enforcement agencies.
- Custody Transfer: Ensuring a smooth custody transfer from the host country to U.S. authorities.
- Legal Representation: Providing legal counsel to the suspect to navigate the U.S. judicial system.
Understanding the Extradition Process
Extradition involves a formal process where a foreign country hands over a suspect wanted in the U.S. This process, governed by treaties, requires cooperation between the two countries. Treaties also address extradition from the U.S. Federal prosecutors must contact the Office of International Affairs (OIA), assess extradition feasibility, decide on arrest requests, and submit formal documentation.
Factors Influencing Extradition Decisions
Extradition requests can be sensitive and influenced by the suspect’s profile and diplomatic relations. The OIA reviews federal criminal charges, sometimes rejecting requests due to diplomatic concerns. For example, extradition may be complex despite treaties with countries like Venezuela or Ecuador.
Critical Factors in Extradition Determination:
- Suspect’s location and treaty status with the U.S.
- Suspect’s citizenship or new identity status
- Charges or convictions against the suspect
- Case status, including warrants, complaints, or indictments
- Case facts, including offence location and date
- Potential for trial
- Time constraints for documentation
Countries with Extradition Treaties
The U.S. has treaties with over 120 countries, but specifics vary. For example, Israel does not extradite its citizens to the U.S. Some treaties exempt political offences or deny extradition if the death penalty is possible.
Limited Extradition Agreements
Despite extensive treaties, nearly 75 countries, including populous nations like China, Indonesia, Bangladesh, and Russia, lack extradition agreements with the U.S. Even with treaties, countries might refuse extradition, as seen in the Edward Snowden case.
Case Study: Edward Snowden
In 2013, Edward Snowden faced theft charges and unauthorized communication of classified information. While in Hong Kong, U.S. officials requested his arrest under a provisional warrant. However, the Hong Kong-U.S. treaty exempts political offences. Consequently, Snowden left for Russia, which lacked an extradition agreement with the U.S., allowing him to remain under a new identity.
Challenges in Extraditing Suspects with New Identities
While new identities can provide temporary cover, the complexities of international law and technological advancements make evasion increasingly tricky. Successful extradition often depends on a combination of factors:
- Technological Advances: Improvements in biometric identification and data sharing enhance the ability to track suspects.
- International Cooperation: Strong diplomatic and law enforcement relationships facilitate information exchange and coordinated efforts.
- Legal Frameworks: Robust legal processes and treaties ensure that extradition requests are handled efficiently and fairly.
Case Study: Carlos Ghosn
Carlos Ghosn, the former CEO of Nissan, fled Japan in 2019 while facing charges of financial misconduct. Ghosn used multiple passports and false identities to escape to Lebanon, which lacks an extradition treaty with Japan. His dramatic escape and continued evasion highlight the challenges and lengths individuals might go to avoid facing charges.
Case Study: Radovan Karadžić
Radovan Karadžić, a former Bosnian Serb leader, went into hiding for over a decade using a new identity as a healer. Despite his efforts, he was captured in Serbia in 2008 and extradited to The Hague to face war crimes charges. His case illustrates the eventual success of international efforts in tracking and capturing high-profile fugitives.
Conclusion
Extradition is a complex, multifaceted process influenced by legal, diplomatic, and technological factors. While adopting a new identity might offer temporary respite, it rarely guarantees permanent freedom from justice. International collaboration, advanced tracking technologies, and comprehensive legal frameworks ensure that fugitives face their charges no matter where they flee.
If you would like to work with a professional team that can help make your transition to a life of freedom, contact Amicus Int. for New Identity services today.
